# Horace Kitchens v. State

> Court of Criminal Appeals of Texas · May 1, 1918 · 83 Tex. Crim. 324

URL: https://www.frixlaw.com/law-library/cases/3928751

## Case

- **Full name:** Horace Kitchens v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 1, 1918
- **Citations:** 83 Tex. Crim. 324; 203 S.W. 768; 1918 Tex. Crim. App. LEXIS 173
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Prendergast
- **Judges:** Prendergast
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3928751

## Opinion text

PRENDERGAST, Judge.
Appellant was convicted of robbery and assessed the lowest punishment.
The statement of facts is wholly m question and answer form. The State has made a motion to strike it out and not consider it. Under the statutes and the many and uniform decisions of this court the State’s motion must be granted. A great number of cases down to the present time could be cited but we deem it unnecessary. We here cite some of them: Hargrave v. State, 53 Texas Crim. Rep., 147 ; Essary v. State, 53 Texas Crim. Rep., 596 ; Baird v. State, 51 Texas Crim. Rep., 322 ;
*325
Brown v. State, 57 Texas Crim. Rep., 269 ; King v. State, 57 Texas Crim. Rep., 363 ; Kempner v. State, 57 Texas Crim. Rep., 355 ; Felder v. State, 59 Texas Crim. Rep., 144 ; Choate v. State, 59 Texas Crim Rep., 266; Hart v. State, 67 Texas Crim. Rep., 417 ; Criner v. State, 71 Texas Crim. Rep., 369 ; Stephens v. State, 77 Texas Crim. Rep., 30 .
Appellant made a motion for a continuance and he has some very defective and incomplete bills to the admission of certain testimony. Hone of these matters can be considered in the absence of a statement of facts as has all the time been held by this court in a great number of decisions.
Hence, the judgment must be affirmed.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3928751. Public record. Not legal advice.